PUAD 5410 - Spring 2016 University of Colorado Denver School of Public Affairs 1380 Lawrence Street, Suite 500 Campus Box 142 Denver, CO 80217

PUAD 5410 – ADMINISTRATIVE LAW Instructor: Phone: Email: Office Hours: Class:

Jen Gartner, JD, MPA 301-405-4997 (office – note the Maryland 301 area code) [email protected] [email protected] No physical office hours, but the instructor is available by email and will respond to emails during normal business hours. Please go to www.cuonline.edu for Canvas access

Course Description & Scope This course examines legal aspects of policy implementation within administrative agencies, including oversight by the courts. The course covers standards of judicial review and agency action; administrative procedure and due process; administrative discretion and privatization; and selected special topics such as rights, liabilities, and immunities of public employees. This course has three purposes. First, students will study the legal environment within which public administrators function, including the relationship between the courts and administrative agencies. Second, students will identify practical guidelines and best practices to reduce legal liability in the administrative process. Third, students will develop and enhance legal reasoning skills, legal research skills, and understand the use of legal materials in academic, professional, and technical writing. Students will be required to apply the concepts from the lectures and readings to real life situations during discussions and short written assignments. Course Goals & Objectives; MPA Competencies By the end of the course, students will understand the laws commonly encountered in the administration of public organizations (and to an increasing extent, non-profit organizations). Specifically, students will: 1. Learn the types of laws and the sources of administrative law; 2. Understand the origin and application of the laws of liability, both under state and under federal law; 3. Become familiar with basic legal research; 4. Understand the meaning and importance of due process requirements and equal protection guarantees as they apply to governmental agencies; 5. Appreciate the relationship between delegation and privatization, as well as the costs and benefits of privatizing governmental services; 6. Develop an understanding of the role of law in public administration and a basic knowledge of the points at which law has an impact on the actions of public administrators; 7. Understand the types of rules promulgated by administrative agencies, and the difference between formal and informal rulemaking;

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PUAD 5410 - Spring 2016 8. Understand the various ways in which governmental agencies are held accountable for their actions; 9. Develop a familiarity with the basic principles of judicial review; 10. Recognize the principles underlying the demand that agency actions be open to the public, including the requirements of the Freedom of Information Act; and 11. Develop an appreciation for how best to take advantage of the professional legal resources available to the public manager, including the most productive use of agency attorneys. This course will assist students in developing the following MPA Competencies: 1. Lead and manage in public governance by participating in class discussions, including group problem-solving discussions; 2. Participate in and contribute to the public policy process by learning about the agency rulemaking process and submitting a public comment; 3. Analyze, synthesize, think critically, solve problems, and make decisions through the use of progressively more challenging written assignments, culminating in a policy analysis memo; 4. Articulate and apply a public service perspective in discussions and the policy analysis memo; and 5. Communicate and interact productively with a diverse and changing workforce and citizenry by engaging in group problem-solving discussions, such as an examination of the challenges posed by the U.S. immigration process. Required Text Hall, Daniel E. (2011). Administrative Law: Bureaucracy in a Democracy, 6th ed. Upper Saddle River, NJ: Pearson Prentice Hall. Additional readings will be available for download via the online classroom. Recommended But Not Required A writing guide that includes information on using the APA style, such as The Criminal Justice Student Writer’s Manual or A Writer’s Reference. About the Instructor Jen Gartner is Associate General Counsel for the University of Maryland College Park, Maryland’s flagship institution, and was formerly the Director of Grants & Contracts for the School of Public Affairs. She is trained as a government contracts attorney and has worked with military and government contractors for many years, first at the law firm of Morgan, Lewis, & Bockius in Washington, DC, and later at the Space Science Institute, a research non-profit and home to the Cassini Imaging Team, in Boulder. Jen has practiced before the US Court of Federal Claims, the US Court of Appeals for the Fourth Circuit, and the DC Superior Court. She has also worked for the US Sentencing Commission, where she advised judges and prepared teaching documents about the drug sentencing guidelines and briefed the Director of Legislative Affairs on congressional hearings regarding money laundering and drug trafficking. Jen received her BA in Criminal Justice and Political Science from the University of Delaware in 1998 and her J.D. from the George Washington University Law School, where she served as Senior Managing Editor of the Public Contract Law Journal and as Student Director for the Domestic Violence Advocacy Project. While working as an attorney in Washington, DC, she also obtained an MPA from Norwich University. PUAD 5410 - Spring 2016 – Rev. 12/15/15

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PUAD 5410 - Spring 2016

Jen has been an adjunct professor and lecturer for both the University of Colorado Denver School of Public Affairs and Norwich University’s Office of Graduate Programs for over 10 years. She teaches both graduate and undergraduate courses in the areas of public administration and criminal justice. Jen has published several articles related to government contracts law, including an article about government contracting under the Homeland Security Act.

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PUAD 5410 - Spring 2016 University Policies 1. Student Conduct & Discipline: http://www.ucdenver.edu/life/services/standards/students/pages/default.aspx. 2. Accommodations: http://www.ucdenver.edu/student-services/resources/disability-resourcesservices/accommodations/Pages/accommodations.aspx. 3. Academic Freedom: http://www.ucdenver.edu/policy/pages/academic-Freedom.aspx. 4. FERPA: http://www.ucdenver.edu/studentservices/resources/registrar/students/policies/Pages/StudentPrivacy.aspx. 5. Discrimination and Harassment: http://www.ucdenver.edu/about/WhoWeAre/Chancellor/ViceChancellors/Provost/StudentAffairs/ UniversityLife/sexualmisconduct/DenverPolices/Pages/DenverWelcome.aspx. 6. Grade Appeal: http://www.ucdenver.edu/policy/Documents/Process-for-Grade-Issues.pdf. 7. Academic Integrity. All students are expected to uphold the University’s academic honesty code. A student must submit work that represents the student’s own original analysis and writing. If a student relies on the research or writing of others, the student must cite those sources. Words or ideas that require citations include, but are not limited to, all hardcopy or electronic publications, whether copyrighted or not, and all verbal or visual communication when the content of such communication clearly originates from an identifiable source. All students must be sensitive to plagiarism! For each graded item, the instructor will select a random sample and conduct a plagiarism screening using Google searches, SafeAssign, and other available methods. Plagiarism is the unacknowledged use of another person’s ideas, strategies, research, and writing. If you use the words or ideas of others without giving proper credit, you are guilty of plagiarism. The following guidelines will help you avoid plagiarism: • When writing, use your own words. When you use another person’s words, use quotation marks and credit the source with an in-text citation and a proper reference page. • Credit the original source even when you have made slight variations to the language. • If you are unsure whether to cite or not, err on the side of caution and cite! Please note that submitting an assignment that you wrote for another course, without specific approval by the instructor of the current course, is also a form of plagiarism. The University honor code and related policies are available online: http://www.ucdenver.edu/faculty_staff/faculty/center-for-facultydevelopment/Documents/academic_honesty.pdf. 8. Email Use. All official student email correspondence will be sent to a student’s UC Denver-assigned email address and/or the Canvas classroom messaging system. Beware! If you send emails from your personal email address, those emails may be quarantined by the system and never reach the instructor. PUAD 5410 - Spring 2016 – Rev. 12/15/15

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PUAD 5410 - Spring 2016

Course Requirements and Policies 1. READ EVERYTHING! This is a graduate-level course. You are expected to read the entire syllabus, the guidelines, the instructions for each and every graded item, the assigned readings, other materials available in the Canvas classroom, and your classmates’ discussion posts. On a PC, Ctrl+F allows you to search a document (including PDFs) or website for a specific word. You should perform keyword and Google searches before asking for help. 2. Schedule. This is an online course via Canvas. Each week begins on Monday at 12:00 am Mountain Time and ends on Sunday at 11:59 pm Mountain Time. a. Discussions start on Monday at 12 am. Your first post is due by Wednesday at 11:59 pm. Your follow-up post(s) are due by Saturday at 11:59 pm. This gives your classmates time to respond to discussion posts. b. Assignments are due by Sunday at 11:59 pm (i.e., immediately before the start of the next course week). c. News items may be posted at any point, but only 1 item per week is eligible for a grade. You may post additional, ungraded news items. d. Policy Analysis Memo is due Wednesday, May 11th by 11:59 pm. 3. Reading Assignments. All of the readings assigned in the syllabus and any supplemental readings added throughout the semester are mandatory. Please read the appropriate material prior to the class for which it is assigned and be prepared to discuss and ask questions about it on our online discussion boards. 4. News Items. In order to better understand the field of administrative law, each student must post five (5) news items to the New Item Discussion Board over the course of the semester. Your post should summarize the news item, include a link to the news item (CNN story, Denver Post article, etc.), and include your thoughts about the news item. See the News Items Guidelines for details and examples. Only 1 news item is eligible for a grade each week, so if you post all 5 news items in Week 16, you will only get graded on 1 out of the 5 items. 5. Discussions. This course includes eight (7) graded group discussions. Students must post an initial response to the discussion question by 11:59 pm Mountain Time on Wednesday to avoid losing points. Students must post at least two (2) additional responses by 11:59 pm Mountain Time on Saturday. See the Discussion Guidelines for details regarding expectations. Please note that on some of the discussions, you will not be able to see your classmates’ posts until you make an initial post. You can make an initial post – and thus see all posts – without answering the discussion question. 6. Written Assignments: This course includes four (4) short written assignments, which you will submit through the Canvas dropbox no later than 11:59 pm on the Sunday of the week the assignment is due (i.e., the last day of the class week). One of these assignments you will complete during our Agency Rulemaking class. The assignments are intended to test your understanding of key concepts while providing an opportunity to relate the course readings to “real life” responsibilities that public administrators face in relation to legal issues. Be sure to include your name on each assignment! See the Assignment Guidelines for details regarding expectations for written assignments.

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PUAD 5410 - Spring 2016 7. Policy Analysis Memo: All students will select a topic relating to one or more of the subjects covered in the course and prepare a standard policy analysis memo. The memo shall be no less than eight (8) and no more than twelve (12) pages, double-spaced, exclusive of references. The memo must be in memo format and citations must follow APA or Bluebook format. Be sure to include your name on your memo! See the Policy Analysis Memo Guidelines for details regarding expectations. 8. Late Work: Students must complete graded work at the identified times. Only the instructor may grant an extension, and only then for serious extenuating circumstances. In the absence of an extension, the instructor may lower a student’s grade for each day the assignment is late. 9. No Extra Credit: No extra credit is available in this class. If you fail to submit graded items on time, you will receive a 0 for that item (unless you have been granted an extension). 10. Incompletes. This course follows the current university policy concerning incomplete grades. Incomplete grades are given only in situations where unexpected emergencies prevent a student from completing the course and the remaining work can be completed the next semester. 11. Important Dates: Students are responsible for knowing all academic dates for the semester. Please see the Registrar’s website for the full academic calendar. 12. Technical Requirements: Students are responsible for maintaining or accessing a computer system capable of participating in all aspects of this course. This includes, but is not limited to, maintaining internet access, accessing PDF files, and uploading assignments in Word format. If your internet connection crashes, it is not an excuse for failure to submit graded items; find a wi-fi hotspot. If you request an extension of time because of technical problems, you must do the following: (1) send a screenshot of any error message or inaccurate screen to the instructor; (2) send an email help request to the CU Online Help Desk ([email protected]) and/or Canvas Support ([email protected]); and (3) copy the instructor on your email(s) to the help/support desks. No screen shot and no email = no extension. 13. Course Etiquette: To promote a civil learning environment, please respect opposing views! There is much to be gained by active, critical debates on opposing viewpoints. Please remain respectful and professional in your discussions and assignments. This includes strict avoidance of sexist, racist, homophobic, and other derogatory language. Keep in mind that it is difficult to determine “tone” in written communications. What comes off as a playful jab when spoken verbally can be read as a harsh criticism in email or Canvas. 14. APA and Bluebook Style: Written assignments must be crafted according to the most recent addition of the APA Style Manual or Bluebook style (for legal writings). The online classroom and lectures contain information about Bluebook style; this information is also available online. APA style information is available online. Points will be deducted for failure to use these styles. Teaching Strategies & Methods of Evaluation Students are responsible for a variety of written assignments and discussions that test their ability to apply the concepts and principles addressed in the course to a variety of factual scenarios that replicate real-world challenges confronted by managers in public organizations. Students will be required to: 1. Synthesize and apply what they have read from the course readings and textbook; PUAD 5410 - Spring 2016 – Rev. 12/15/15

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PUAD 5410 - Spring 2016 2. Research online resources to supplement the course readings; 3. Identify relevant and material issues and exhibit critical thinking and analysis of the issues and concepts applicable to the issues; and 4. Exhibit clear and effective writing with an appropriately professional tone in all assignments and discussion posts. Evaluation There are 1000 possible points awarded for the required number of assignments, discussions, miniassignments, and presentations in this course. A perfect grade with full points will only be given to an assignment or discussion of superior quality that meets all expectations. See the Guidelines and Assessment Criteria (available in the Canvas online classroom). Grades Points 1000 – 930 929 – 900 899 – 870 869 – 830 829 – 800 799 – 770 769 – 730 729 – 700 699 – 0

Percentage 100% – 97% 92.9% – 90% 89.9% – 87% 86.9% – 83% 82.9% - 80% 79.9% – 77% 76.9% – 73% 72.9% – 70% Less than 70%

Grade A AB+ B BC+ C CF

Seminar Points Activity

Points per Activity

# Required

Total Points

% of Final Grade

Discussions

varies

7

250

25%

Written Assignments

varies

4

350

35%

News Items

25

5

100

10%

Policy Analysis Memo

300

1

300

30%

Course Outline & Assignments Week

Topic

1 (1/19 – 1/24)

Introduction to Admin Law

•Hall, Ch. 1 (pp. 1- 13)

•D1, Getting to Know You (20 pts)

2 (1/25 – 1/31)

Introduction to Legal Research

•Hall, Ch. 2 (pp. 15-43) •Lynn, Restoring the Rule of Law to Public Administration

•D2, Legal Research (50 pts)

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Reading Assignment

Items Due

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PUAD 5410 - Spring 2016

3 (2/1 – 2/7)

Bureaucracy and Agency Authority: Discretion

•Hall, Ch. 3 (pp. 44-60) •Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000) •Chevron v. NRDC, 467 U.S. 837 (1984) •United States v. Meade, 533 U.S. 218 (2001)

•D3, Superhero Immigration (50 pts)

4 (2/8 – 2/14)

Agency Authority: Fairness & Issues of Constitutional Law

•Hall, Ch. 4 (pp. 61-104) •Loving v. Virginia, 388 U.S. 1 (1967)

•D4, Ohio Supermax (50 pts)

5 (2/15 – 2/21)

Agency Authority: Delegation & Outsourcing

•Hall, Ch. 5 (pp. 105-131) •Wash Post, Top Secret America – National Security Inc. •Schooner, Too Dependent on Contractors?

•A1, Case Brief (50 pts)

6 (2/22 – 2/28)

Agency Rulemaking

•Hall, Ch. 6 (pp. 132-162) •APA, 5 USC § 553 (skim) •REAL ID Act, Title II (skim) •ACLU REAL ID Scorecard (skim) •Limitless (movie)

NONE (ungraded Limitless discussion available)

7 (2/29 – 3/6)

Agency Investigations

•Hall, Ch. 7 (pp. 163-195)

•A2, DEA Memo (100 pts)

8 (3/7 – 3/13)

Formal Adjudications

•Hall, Ch. 8 (pp. 196-229) •APA, 5 USC § 554 •CBS v. FCC (handout)

NONE

9 (3/14 – 3/20)

Accountability Through Reviewability I: Authority & Standing

•Hall, Ch. 9 (pp. 230-280)

•A3, DIYbio Memo (150 pts)

10 (3/21 – 3/27)

NO CLASS – SPRING BREAK

NO CLASS

NONE

11 (3/28 – 4/3)

Accountability Through Reviewability II: Timing & Standards of Review

•Hall, Ch. 9 (pp. 230-280)

NONE

12 (4/4 – 4/10)

Accountability Through Accessibility I: FOIA

•Hall, Ch. 10 (pp. 281-314) •FOIA, 5 USC § 552

•D5, FOIA (30 pts)

13 (4/11 – 4/17)

Accountability Through Accessibility II: Privacy Act & More

•Privacy Act, 5 USC § 552a •Sunshine Act, 5 USC § 552b

• A4, Driver’s License Suspension (50 pts)

Accountability Through

•Hall, Ch. 11 (pp. 315-326)

NONE

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•Prospectus (due by Saturday, 11:59 pm)

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PUAD 5410 - Spring 2016 (4/18 – 4/24)

Liability – Sovereign Immunity & Federal Tort Claims Act

15 (4/25 – 5/1)

Accountability Through Liability – Section 1983

•Hall, Ch. 11 (pp. 326-353) •The Emerging Section 1983 Private Party Defense

•D6, Torts (30 pts)

16 (5/2 – 5/8)

Managing Legal Resources & Conclusions

•Managing Legal Resources Handout

•D7, Wrap Up (20 pts)

17 (5/9 – 5/14)

FINALS WEEK – NO CLASS – Work on your memo

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•Policy Analysis Memo (300 pts) (due Wednesday, May 11th by 11:59 pm)

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